Amit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55206 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -BIHRA District- SAHARSA ======================================================

1. Amit Paswan, son of Rajendra Paswan, resident of Village- Samda, P.S.- Sour Bazar, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Ram Sumiran Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 394/34 of the I.P.C The petitioner is not named in the First Information Report, during investigation the name of the petitioner and other co-accused transpires that they were moving near the place of occurrence and further the petitioner and co-accused Manish Kumar have confessed their guilt.

Submission is of false implication and that the petitioner is in custody since 14.03.2015 but he has not been put on the test identification parade, nothing has been recovered from his conscious possession and besides suspicion and the

Patna High Court Cr.Misc. No.55206 of 2015 (3) dt.14-03-2016 2/2 confessional statement there is nothing against the petitioner, coaccused Manish Kumar and Ganga Yadav have already been allowed bail by another coordinate Benches of this Court and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner has got criminal antecedent.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Saharsa in Bihra P.S. Case No. 06 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T